Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:30292 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46133 of 2024 Applicant :- Balwan Singh Yadava Opposite Party :- State of U.P. Counsel for Applicant :- Rajesh Kumar Srivastava Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard learned counsel for the applicant, Sri Brijendra Kumar, learned AGA for the State-Respondent and perused the record. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused- applicant seeking enlargement on bail in Case Crime No. 420 of 2024, under Sections 109, 352, 351(2), 351(3) of the Bharatiya Nyaya Sanhita, 2023, Police Station Mahrajpur, District Kanpur Nagar.
Learned counsel for the applicant argued that the accused- applicant is innocent and has been falsely implicated in this case crime number. Learned counsel for the applicant submits that the applicant was engaged for labour work by the informant at his shop and when he was not paid his remuneration a dispute arose between them due to which the informant has roped the applicant in a false case. He submits that the incident took place on 14.10.2024 and the applicant was arrested on 26.10.2024 after calling him at Police Station. There is no independent witness of the alleged incident. The applicant is poor labour and he has not abused the informant. He submits that the allegation of assaulting by iron rod is false and no iron rod has been recovered from the possession of the applicant. The applicant is languishing in jail since 26.10.2024. The applicant has no criminal antecedent and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. Hence, the bail has been prayed for. Learned AGA has vehemently opposed, but could not dispute the aforesaid fact. Considering all those facts and circumstances, the nature of
accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima-facie case, but without commenting on merit of case, a case for bail is made out. Accordingly, the bail application is allowed. Let the accused-applicant, Balwan Singh Yadava, involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties each, in the like amount to the satisfaction of the court concerned, subject to the following conditions:
1. The applicant will not tamper with the evidence.
2. The applicant will not indulge in any criminal activity.
3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.
4. The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned. In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.
Order Date :- 4.3.2025 pks Digitally signed by :- PAWAN KUMAR SINGH High Court of Judicature at Allahabad